Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion for summary judgment is denied, the defendant's cross motion for summary judgment is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiffs in the underlying action.
In 2008 the defendant, Nationwide Mutual Insurance Company (hereinafter Nationwide), issued...
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